CHHOTELAL @ RAMSUKH CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) The appellant Chhotelal @ Ramsukh Choudhary being aggrieved by the judgment dated 21/06/2005 passed by learned Session Judge in Sessions Trial No 317/2004 (State of M.P., P.S. Jaso, District Satna vs Chhotelal @ Ramsukh Choudhary) has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973, whereby, the appellant held guilty, convicted under Section 325 of Indian Penal Code and sentencing for two years' rigorous imprisonment and fine of Rs.4000/-, in default, to suffer further imprisonment for two months.

(2.) The prosecution case in short is that on 28.7.2004 at about 5.00 PM complainant Kishori Choudhary after finishing his regular work at Dureha was returning to his home and when reached in front of shop of Gajendra Singh, accused Chhotelal Choudhary met him, started abusing and after challenging complainant Kishori that he will finish him today started giving blow by Baka, edged iron weapon. Appellant given 5 6 blows on head of complainant, during defence, he also got injuries on both the hands and on back. Complainant Kishori raised alarm for help, then Ramdeen Choudhary, Genesh Choudhary and other villagers came for his rescue, to see them accused Chhotelal fled away. Ramdeen Choudhary, Sarpanch Indal Tiwari and others were brought complainant Kishori to the police station, Jaso by bus. Kishori lodged First Information Report, which was registered by ASI Hiralal Dwivedi, who managed to shift injured Kishori to C.H.C. Nagod for medical examination. Dr. Pramod Prajapati examined Kishori and to ascertain nature of injury No.6 referred injured to X-ray Department. During investigation, Shri Dwivedi reached on the spot, prepared spot map and also recovered blood stained and unstained soil from the spot. He recorded statements of complainant and others witnesses, seized blood stained shirt, baniyan and agochhi of complainant. As per information given by accused Chhotelal under Section 27 of Evidence Act, the Investigating Officer also seized weapon Baka used during incident and arrested him. Blood stained articles were sent for chemical examination at Laboratory Sagar. After due investigation, challan was filed.

(3.) The Magistrate committed the case for trial to learned Session Judge, who in his turn framed charge against appellant Chhotelal for commission of offence attempt to murder of complainant Kishori punishable under Section 307 of IPC, who abjured his guilty, therefore, he was put to trial.